New Update: Mediacom has invented language in the Joint Power Agreement and threatened the Mayors of Silver Bay and Two Harbors. Let's see how dirty Mediacom will get to prevent competition.

Lake County, recipient of a broadband stimulus award to build a rural county-wide (larger, actually) fiber-to-the-home network, has been wrestling with questions they have related to the problems at Burlington Telecom. After some lazy reporting in the Star Tribune and Duluth News Tribune exaggerated Tim Nulty's role in the problems Burlington Telecom now faces, some on the County Board began asking more questions of National Public Broadband (of which Tim is CEO).

I attended a meeting after Christmas to observe the discussion, share our understanding of the situation, and discuss the experiences of other community networks. Next week, the County Board plans to decide whether they will alter the arrangement with National Public Broadband or possibly seek another partner in the project -- a development that may have implications for changes or revocation of the stimulus funding.

It is important to note that due to structural differences, the problems in Burlington (which, at the least, were hidden from the public allowing them to snowball) are extremely unlikely to repeat in Lake County.

The Lake County Chronicle has published a lengthy editorial responding to concerns and noting the ramifications of any changes to the partnership with National Public Broadband. As of this writing, it is not yet behind a pay wall.

It offers some wise thoughts:

Like the debate over whether the meetings being held to draw up the rollout plans for the county should be public or private, NPB needs to better apply the rules of working within the expectations of open government. We demand transparency and a full accounting of tax dollars.

It’s fair to wonder, as some board members did last week, just what NPB would withhold from the board if things don’t go swimmingly with the Lake County plan. All adjustments, all bumps along the road, need to be publicly and fully discussed.

The county can use NPB’s disclosure...

BVU, which operates OptiNet (the nation's first triple-play muni FTTH network), has transitioned from being owned by the City to being an independent authority. In its last fiscal year (2010-11), the public power utility finished with net income.

OptiNet finished ahead of projections.

Having split from the city, BVU is taking advantage of the Virginia Resource Authority to issue $44 million revenue bonds to refinance its debt.

“We’re going through the VRA pool which helps fund 88 cities and service authorities. Because of that – and because of the market – we’re potentially looking at very low interest rates of 3.3 percent,” Rose told the board during his presentation.

The debt currently has an interest rate approaching 5%. After refinancing, the utility expects to save some $500,000 to $750,000 a year - for a period of 20 years. The cost of refinancing is $900,000.

This story is worth noting for two reasons:

1. Restructuring debt is not necessarily a sign of weakness -- BVU's OptiNet is quite successful.
2. A reminder that small communities can benefit significantly by pooling bonding through programs like Virginia's VRA. States should help communities to work together in this way.

In Virginia, Danville's open access all-fiber network, nDanville, currently serves only businesses and large clients. In the early summer, Danville Utilities decided to recommend expanding the network to between 2,000 and 3,000 residential homes with a 10 year, $2.5 million loan.

As Danville Utilities operates the network purely on a wholesale basis, it would not provide services directly. From an article leading up to the decision:

Danville Utilities would run the broadband services to the homes, to a box mounted on the house, and the user would pay a monthly service fee of $8.80 on their utility bill for the box. Gamewood would bill customers for the actual services provided, and pay the city 20 percent of those charges as an access fee for the cable.

Gamewood, a company that would have provided IPTV services on the network, had attempted to measure subscriber interest by mailing a postcard to 1000 local residents. The response failed to persuade at least one city council member, who demonstrated a total lack of understanding of the situation.

Luther bluntly said he had “no faith” in the numbers, and said he is convinced “nDanville is not going to fly.”

“If they want to build it, let Gamewood built it,” Luther said.

Of course, a private company is not interested in an investment that takes 5 years to break even. Even if it were, it would have little incentive to open the network to competition as nDanville does.

Ultimately, the City Council neglected to fund the project - perhaps an unsurprising decision in a time of economic woe. However, for a community like Danville, one wonders how it will recover without access to better broadband than last-generation cable and DSL services that are commonly available throughout the region.

The local paper editorialized in favor of the decision, but noted that the public power utility should continue expanding the network for commercial subscribers.

Perhaps the biggest disappointment from the broadband stimulus program was its focus on middle mile investments in a bid to avoid overly upsetting powerful incumbent providers who do not look kindly upon competition (something we discussed here). Some claimed that by increasing middle mile options, the private sector will have greater incentive to invest in the next-generation broadband networks communities desperately need. While this is undoubtedly true, it ignores the biggest hurdle facing network deployers: the high cost of building the network. Reducing the operating expenses of a new network by dropping backhaul prices does very little to allow a deployer (private, public, etc) to better afford the high capital cost of building the network. To illustrate, I could greatly improve my vertical but I still would not play in the NBA (apparently, that requires talent also). Remarkably, we have a fantastic test case of what happens when a government builds massive middle-mile connections and expects the private sector to complete the last mile build: Alberta Province in Canada. Ten years ago, Alberta began building the Supernet, a massive mostly fiber backbone delivering 100Mbps into just about every town in the province (we wrote about this in the back of our Breaking the Broadband Monopoly report). Despite the fact that anyone could get affordable backhaul, a recent Calgary Herald article revealed that half a million people still only have access to dial-up. This illustrates an important lesson: by making ubiquitous backhaul available, the private sector did invest. Unfortunately, it invested only in the profitable areas and has left perhaps a larger problem behind for the public sector to solve.

The plan was to leave it up to private Internet service providers to supply the final leg of the connection between the SuperNet and individual users. Unfortunately for many residents who live outside of major urban centres, there's often little financial incentive for providers to do so.

Some munis in Alberta have built last mile networks themselves...